Google challenges Android access and Search data sharing in court

Google filed two appeals before the General Court of the European Union on September 28, 2026 against decisions on competing assistants’ access to certain Android functions and the sharing of Google Search data, Reuters reported on September 29. Dow Jones separately confirms Google’s public announcement, made that same day.

The European Commission had adopted the two decisions on July 16, 2026, under the Digital Markets Act, the European regulation on digital markets. They specify how Google must open certain Android functions to competing artificial intelligence providers and share data intended to improve search services.

Rival assistants must be able to perform actions on Android

The Commission estimates that around 60 % of European mobile users use Google Android. It describes currently restricted access to key phone functions for competing assistants. A rival assistant can be installed as an app while having more limited access to phone functions than Gemini.

The Android measures cover eleven functions. In particular, they must allow users to activate their chosen assistant by voice and have it perform actions in apps, such as sending an email from the chosen app or adding a product to a list. Users could thus choose a competing assistant to carry out these tasks on their phones.

The rules require user consent and compliance with applicable permissions. Certain sensitive functions are subject to objective security criteria.

The official timetable requires implementation with Android 18, no later than August 1, 2027. Simultaneous voice activation of multiple services follows a separate deadline, with Android 19 and no later than August 1, 2028.

Search must share data to improve search

The Search decision covers queries, clicks, views and result rankings. The Commission excludes user accounts and individual search histories from sharing. Eligible recipients include search engines and chatbots that offer a search function.

This data must be used to improve search services. The decision excludes pretraining of the general-purpose language model underlying the chatbot. This exclusion does not extend to other artificial intelligence systems used to improve search. An eligible chatbot can therefore benefit from the arrangement for its search function, within the limits of that use.

Business recipients must pay for access. The pricing formula set out in the annex is based on incremental costs and a regulated return, with possible markups subject to conditions. For recipients designated as “gatekeepers” for a search engine under the regulation, Alphabet may depart from this formula. If Alphabet chooses this derogation, the company must negotiate in good faith, on fair, reasonable and non-discriminatory terms.

The prescribed safeguards include removing identifiers and identifying attributes, as well as filtering sensitive or rare queries. Contractual restrictions must prevent reidentification and onward sharing. The data must be used in an isolated environment. An independent audit is required before access, followed by regular checks.

Personal data concerning people who are searched for may nevertheless remain. The General Data Protection Regulation, the GDPR, therefore continues to apply.

Google cites risks, while the Commission defends its decisions

Oliver Bethell, Google’s head of competition, says the prescribed anonymization is insufficient. He also argues that opening up Android would weaken phone protections.

The European Commission defends the safeguards provided for in its measures. In its response reported by Reuters, it acknowledges the appeals and announces that it will defend its decisions before the General Court.

Article 278 of the Treaty on the Functioning of the European Union provides that an appeal does not, in itself, suspend the implementation of a decision. Any suspension depends on a court order.